MAHABALESWARA BHAT Vs. THIRUMALESWARA

JUDGEMENT

(1.) Plaintiffs instituted a suit for recovery of arrears of rental arising out of a lease of immovable properties in favour of the defendants for three years ending with 31.3.1965 at Rs. 12,770 along with interest being the principal due from the date of the suit till payment at 5 % per annum on charge of lease-hold properties, shown in 'A' and 'B' Schedule properties, on which charge was created for arrears of rental in the lease deed, along with costs of the suit and other incidental reliefs.

(2.) The suit was resisted by the defendants. The trial Court decreed the suit as prayed for on the charge of 'A' and 'B' Schedule properties. It gave a preliminary decree on 17.8.1970. The defendants, however, went up in appeal in RA No. 17 of 1970. In the meanwhile, I.A.No. V was instituted before the trial Court for passing a final decree and the same was passed and against the final decree, the defendants went up in appeal in RA. No. 23 of 1972. These two appeals were heard together and were disposed of by the District Judge, Mangalore, modifying the judgment and decree of the trial Court with regard to the charge. He deleted the charge with regard to 'A' schedule properties as these properties, in the meanwhile, vested in the Government free from charge as a result of the Amending Act No. 1 of 1974 to the Karnataka Land Reforms Act. Aggrieved by the said judgment and decree, the defendants have filed RSA. Nos. 795 and 984 of 1975 and the plaintiffs have filed RSA. Nos. 702 and 717 of 1975 against the preliminary decree and the final decree.

(3.) The learned Counsel appearing for the defendants tenants, strenuously urged before me that in view of Sec. 91 of the Amending Act No.1 of 1974, all pending proceedings for recovery of rental should have been transferred to the Tahsildar, reading that section along with S. 42 of the Amended Karnataka Land Reforms Act and, as such, he submitted that the decree passed by the trial Court and confirmed by the first appellate Court should be set aside and the matter sent to the Tahsildar, if at all, for hearing.